August 7, 2023
Gaza Military Court Issues 5 New Death Sentences
Gaza Military Court Issues 5 New Death Sentences

Condemnation of Death Sentences in Palestinian Authority

On 26 July 2023, the Military Appeal Court in the Palestinian Authority (PA) issued seven death sentences, marking the highest number of death sentences issued in a single day since the PA’s establishment in 1994.

  1. Details of the Sentences:
    • Sentences Issued:
      • Five sentences were given to intensify life imprisonment to death sentences: (A. D.) (48), (H. S.) (31), (‘A. S.) (32), (A. Gh.) (34), and (M. S.) (44).
      • Two additional death sentences were issued for collaboration with Israel against (A. D.) and (H. R.).
    • Context: This brings the total number of death sentences issued in 2023 to 12, with 9 by military courts. Since 1994, a total of 292 death sentences have been issued: 262 in the Gaza Strip and 30 in the West Bank. Of these, 203 were issued in the Gaza Strip since the 2007 political division.
  2. PCHR’s Response:
    • Condemnation of Death Penalty: PCHR condemns the death penalty, arguing that it conflicts with Palestine’s international obligations under the 1989 Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), which aims to abolish the death penalty.
    • Call for Reform: PCHR urges the PA to halt the use of the death penalty and replace it with life imprisonment with hard labor. They also call for the cessation of military courts for civilians, emphasizing the right to a fair trial under civilian courts.
    • Historical Context: Since 1994, 46 death sentences have been executed, with 44 in the Gaza Strip and two in the West Bank. Many of these executions were conducted without the Palestinian President’s ratification, violating Palestinian law.
  3. Recommendations:
    • Legislative Reform: PCHR calls on the Palestinian President to issue a decree to repeal any articles in Palestinian law that contradict the ICCPR Protocol aimed at abolishing the death penalty.
    • Human Rights: PCHR emphasizes the need for the PA to adhere to international human rights standards, including the rights enshrined in the ICCPR and the Palestinian Basic Law.

PCHR’s statements reflect a broader push for legal reforms and adherence to international human rights norms, advocating for the abolition of the death penalty and the protection of legal rights within the Palestinian judicial system.